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CHARLOTTE, N.C. – U.S. Immigration and Customs Enforcement (ICE) arrested fugitive Oscar Pacheco, 33, a Honduran national, and repeat immigration violator during a targeted enforcement operation in Mecklenburg County August 9, nearly two months after the Mecklenburg County Sheriff’s Office refused to honor an ICE detainer, or even notify ICE of the release, and instead released Pacheco from local criminal custody following his arrest on first-degree rape and indecent liberties with a minor charges.

By releasing a previously deported alien facing serious criminal charges, Mecklenburg County chose to release a serious public safety threat onto the streets of Charlotte where he was free to potentially harm others for nearly two months until his capture by ICE.

Pacheco was previously removed from the U.S. to Honduras in July 2006, and he subsequently illegally reentered the U.S. after deportation, which is a felony act under federal law. After the resolution of any potential federal criminal charges, he is subject to removal again to Honduras.

Pacheco was arrested by the Charlotte-Mecklenburg Police Department for First Degree Rape and two counts of Indecent Liberties with a Child on June 14. ICE issued a detainer June 15, but the detainer was not honored, and Pacheco was instead released from Mecklenburg County custody June 16.

ICE’s Charlotte Fugitive Operations Team (FUGOPS) located and arrested the man without incident August 9 and he remains in ICE custody.

“This is yet another example of a clear public safety threat being released onto the streets of Mecklenburg County rather than into ICE custody due to the current sheriff’s policy on ICE non-cooperation,” said ICE Enforcement and Removal Operations Atlanta Field Office Director Sean Gallagher. “The Mecklenburg County sheriff’s decision to restrict cooperation with ICE serves as an open invitation to aliens who commit criminal offenses that Mecklenburg County is a safe haven for persons seeking to evade federal authorities, and residents of Mecklenburg County are less safe today than last year due these policies.”

This arrest is simply the latest in a continuing list of unlawfully present foreign nationals released from Mecklenburg County custody over the past nine months despite serious criminal charges that pose a clear threat to public safety.

Recent declined detainer examples in Mecklenburg County

A 31-year-old citizen of Honduras who was previously removed by ICE in June 2009, was arrested by the Mecklenburg County Sheriff’s Office in February 2019 for sex offenses and booked into the Mecklenburg County Jail in Charlotte, NC. In February 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in February 2019. In March 2019, he was arrested at-large in Charlotte, NC, and is currently detained in ICE custody pending removal from the United States.

A 30-year-old citizen of Mexico was arrested by the Charlotte Mecklenburg Police Department in March 2019, for breaking and entering a motor vehicle, larceny, simple assault, among other charges, and booked into the Mecklenburg County Jail in Charlotte, NC. In March 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in March 2019, and remains at-large.

A 30-year-old citizen of Honduras was arrested by the Charlotte Mecklenburg Police Department in August 2018 for assault with a deadly weapon with intent to kill and booked into the Mecklenburg County Jail in Charlotte, NC. In August 2018, ICE ERO issued a detainer, but the detainer was not honored and he was released in March 2019 and remains at-large. He was convicted of a lesser charge in March 2019.

A 40-year-old citizen of Guatemala was arrested in October 2018 by the Charlotte Mecklenburg Police Department for multiple counts of indecent liberties with a child, rape, among other sex offenses, and booked into the Mecklenburg County Jail in Charlotte, NC. In October 2018, ICE ERO issued a detainer, but the detainer was not honored, and he was released in March 2019. In March 2019, he was arrested at-large by ICE officers in Charlotte, NC, and is currently detained in ICE custody pending a hearing before an immigration judge.

A 42-year-old citizen of Honduras, who was ordered removed by an immigration judge in August 2013, was arrested in March 2019 by the Charlotte Mecklenburg Police Department for gun and drug charges and booked into the Mecklenburg County Jail in Charlotte, NC. In March 2019, ICE ERO issued a detainer, but the detainer was not honored, and she was released in March 2019, and remains at-large.

A 33-year-old citizen of Sri Lanka, who was ordered removed by an immigration judge in September 2009, was arrested in February 2019 by the Charlotte Mecklenburg Police Department multiple counts of felony and misdemeanor larceny and booked into the Mecklenburg County Jail in Charlotte, NC. In February 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in March 2019, and remains at-large.

A 47-year-old citizen of Honduras, who was removed from the United States in February 2014, was arrested in February 2019 by the Charlotte Mecklenburg Police Department for assault by strangulation, among other charges, and booked into the Mecklenburg County Jail in Charlotte, NC. In February 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in March 2019, and remains at-large.

A 22-year-old citizen of Honduras, who was ordered removed by an immigration judge in April 2015, was arrested in March 2019 by the Charlotte Mecklenburg Police Department for assault by strangulation, assault on a female, and communicating threats, and booked into the Mecklenburg County Jail in Charlotte, NC. In March 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in March 2019, and remains at-large.

A 30-year-old citizen of Liberia was arrested in March 2019, by the Mecklenburg County Sheriff’s Office for multiple counts of assault with a deadly weapon and booked into the Mecklenburg County Jail in Charlotte, NC. In March 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in March 2019, and remains at-large.

A 30-year-old citizen of Mexico, who was previously removed from the United States in January 2007 and April 2016, was arrested in March 2019 by the Charlotte Mecklenburg Police Department as a fugitive and for gun charges and booked into the Mecklenburg County Jail in Charlotte, NC. In March 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in March 2019, and remains at-large.

A 27-year-old citizen of Afghanistan was arrested in March 2019, by the Mecklenburg County Sheriff’s Office for stalking and booked into the Mecklenburg County Jail in Charlotte, NC. In March 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in March 2019. In April 2019, he was arrested at-large by ICE officers in Charlotte, NC, and is currently detained in ICE custody pending a hearing before an immigration judge.

A 30-year-old citizen of Mexico was arrested by the Charlotte Mecklenburg Police Department in December 2018 for sex offenses involving a child and booked into the Mecklenburg County Jail in Charlotte, NC. In December 2018, ICE ERO issued a detainer, but the detainer was not honored, and he was released in January 2019. In April 2019, he was arrested at-large by ICE officers in Charlotte, NC, and is currently detained in ICE custody pending a hearing before an immigration judge.

A 27-year-old citizen of El Salvador was arrested in April 2019 by the Mecklenburg County Sheriff’s Office for assault by strangulation and assault on a female and booked into the Mecklenburg County Jail in Charlotte, NC. In April 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in April 2019, and remains at-large.

A 38-year-old citizen of Guatemala, previously removed from the United States in June 2009, was arrested in February 2019, by the Mecklenburg County Sheriff’s Office for multiple charges, including kidnapping and assault with a deadly weapon with intent to kill or inflict serious injury and booked into the Mecklenburg County Jail in Charlotte, NC. In March 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in April 2019, and remains at-large.

A 19-year-old citizen of Honduras, who was ordered removed by an immigration judge in April 2017, was arrested in April 2019 by the Charlotte Mecklenburg Police Department for assault an injury to real property and booked into the Mecklenburg County Jail in Charlotte, NC. In April 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in April 2019 and remains at-large. He was previously encountered in August 2018 when he was detained at the Mecklenburg County Jail for the charges of robbery and breaking and entering a motor vehicle, and felony conspiracy. The Mecklenburg County Jail declined to honor that ICE detainer, and he was released in December 2018.

A 30-year-old citizen of India was arrested in April 2019 by the Charlotte Mecklenburg Police Department for multiple assault charges and first degree burglary and booked into the Mecklenburg County Jail in Charlotte, NC. In April 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in April 2019 and remains at-large.

A 37-year-old citizen of Honduras, who was removed from the United States in December 2006, was arrested March 2019 by the Charlotte Mecklenburg Police Department for multiple charges including assault on a female, felony larceny, simple assault, among other charges, and booked into the Mecklenburg County Jail in Charlotte, NC. In May 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in May 2019, and remains at-large.

A 21-year-old citizen of Honduras, who was ordered removed by an immigration judge in August 2018, was arrested in December 2018 by the Charlotte Mecklenburg Police Department for breaking and entering a motor vehicle and larceny and booked into the Mecklenburg County Jail in Charlotte, NC. In December 2018, the Pacific Enforcement Response Center issued a detainer, but the detainer was not honored, and he was released in December 2018. He was arrested again in January 2019 by the Charlotte Mecklenburg Police Department for Robbery with Dangerous Weapon and Assault with a Deadly Weapon and was booked into the Mecklenburg County Jail. In January 2019, ICE ERO issued a detainer, but the detainer was not honored for the second time, and he was released in May 2019, and remains at-large.

A 23-year-old citizen of Honduras, who was ordered removed by an immigration judge in May 2018, was arrested in May 2019 by the Charlotte Mecklenburg Police Department for multiple charges including assault and larceny and booked into the Mecklenburg County Jail in Charlotte, NC. In May 2019, ICE ERO issued a detainer, but the detainer was not honored, and she was released in May 2019, and remains at-large.

A 25-year-old citizen of Mexico was arrested in May 2019 by the Mint Hill Police Department for DWI and drug charges and into the Mecklenburg County Jail in Charlotte, NC. In May 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in May 2019, and remains at-large.

A 19-year-old citizen of Honduras was arrested in May 2019, by the Charlotte Mecklenburg Police Department for Indecent Liberties with Child and was booked into the Mecklenburg County Jail in Charlotte, NC. In May 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in May 2019, and remains at-large.

A 28-year-old citizen of Mexico was arrested in May 2019 by the Charlotte Mecklenburg Police Department for assault by strangulation, assault on a female and communicating threats and booked into the Mecklenburg County Jail in Charlotte, NC. He also has pending narcotics and gun charges stemming from an arrest made by Wilson County in August 2018. In May 2019, ICE ERO issued a detainer, but the detainer was not honored, and he was released in May 2019, and remains at-large.

About Detainers

Detainers serve as a legally authorized request, upon which a law enforcement agency may rely, to continue to maintain custody of an alien for up to 48 hours so that ICE may assume custody for removal purposes. Pursuant to ICE policy, all ICE detainers are submitted with an accompanying administrative arrest warrant or warrant of removal depending upon the circumstances of the individual case. ICE places immigration detainers when the agency possesses probable cause to believe an alien is removable from the United States.

When law enforcement agencies fail to honor immigration detainers and release a criminal alien onto the streets, it negatively impacts public safety.

Sanctuary Policies Put Public Safety at Risk

Sanctuary policies leave ICE with no choice but to increase enforcement in neighborhoods and workplaces to locate and arrest these persons while they are at-large – increasing the likelihood that other individuals previously not targeted for arrest will be taken into ICE custody.

It is safer for everyone if ICE takes custody of an alien in the controlled environment of another law enforcement agency as opposed to visiting an alien’s residence, place of work, or other public area. Arresting a criminal in the safety, security, and privacy of a jail is always the best option.

When law enforcement agencies don’t honor ICE detainers, these individuals, who often have significant criminal histories, are released onto the street, presenting a potential public safety threat. When ICE Fugitive Operations officers have to go out into the community to proactively locate these criminal aliens, regardless of the precautions they take, it needlessly puts our personnel and potentially innocent bystanders in harm’s way.

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Last Reviewed/Updated: 08/19/2019

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